Statements on Introduced Bills and Joint Resolutions - S. 2938
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DASCHLE (for himself, Mr. CAMPBELL, Mr. INOUYE, Mr. JOHNSON, Mr. BINGAMAN, and Ms. LANDRIEU):
S. 2938. A bill to grant a Federal charter to the National American Indian Veterans, Incorporated; read the first time.
FEDERAL CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS ASSOCIATION
Mr. DASCHLE. Mr. President, every American knows this photograph. It is one of the great iconic images of American courage and determination: the Marines raising the flag at Iwo Jima. What many Americans probably do not know is that one of the six Marines in this photo was a Native American. His name was Ira Hayes. He was a full-blooded Pima Indian, raised on a small farm on the Gila River Indian Community in Arizona.
Raising the flag with Ira Hayes that day on Iwo Jima were: a coal miner's son from Pennsylvania who came to America as an infant from Czechoslovakia; a farm boy from the Rio Grande Valley of Texas; a mill worker's son from New Hampshire; a former altar boy from Wisconsin, and a poor kid from eastern Kentucky.
One writer has called this photo " a triumphant metaphor for the very soul of the (Marine) Corps." It is also something else. It is a reflection of every war our Nation has ever fought. In every major military conflict in our Nation's history, Indians have fought side-by-side with non-Indians. Native Americans served with honor and distinction in the Revolutionary War and the War of 1812. They served on both sides in the Civil War. Stand Watie, a Cherokee, was the last Confederate brigadier general to surrender to the Union troops. And Eli Parker, a Seneca from New York, was at Appomattox, serving as an aide to General Ulysses S. Grant when Robert E. Lee surrendered.
Native American soldiers rode with Teddy Roosevelt's Rough Riders in the charge on San Juan Hill in the Spanish-American War. Twelve-thousand Indians served in World War I. Even though Native Americans were denied U.S. citizenship at the time, many were so eager to serve that they went to Canada to enlist before the U.S. even entered the war. Their tremendous demonstration of patriotism finally moved Congress to pass the Indian Citizenship Act in 1924.
In World War II, more than one-third of all able-bodied Indian men between the ages of 18 and 50 served. The most famous were the "Code Talkers" from the Navajo Nation and other tribes-including the Lakota, Dakota and Nakota tribes of the Great Sioux Nation. During the Korean War, two Native American soldiers were awarded posthumous Congressional Medals of Honor. Another Korean War veteran, a Northern Cheyenne from Colorado, served with distinction in the Air Force and later in the United States Senate. He is our friend and colleague, the chairman of the Senate Indian Affairs Committee, Senator BEN NIGHTHORSE CAMPBELL.
In Vietnam, nearly 42,000 Native Americans served-90 percent of them volunteers. Native Americans served with honor in Grenada, Panama, the Persian Gulf war, Somalia, Bosnia and Kosovo. And they are serving our Nation today in Afghanistan and Iraq.
Given the tragic history between Indian tribes and the U.S. military, some might regard it as remarkable that Native Americans choose to serve in the military at all. Yet, not only do Native Americans serve, they have the highest rate of military service of any ethnic group in America. Today, one in four Native American men is a military veteran, as are nearly half of all tribal leaders.
Incredibly, despite this extraordinary history of service and sacrifice for our Nation, there has never been a national American Indians veterans organization. Until now.
Last week, a new organization, the National American Indian Veterans Association, held its first annual meeting in Arizona. At
that meeting, members voted unanimously to approve the organization's charter. Today, I am introducing a bipartisan proposal to grant the National American Indian Veterans Association a Federal charter. I am proud to sponsor this proposal, along with four great champions of Indian people and tribes: my fellow South Dakotan, Senator JOHNSON; Senator BINGAMAN; Senator CAMPBELL, the distinguished chairman of the Indian Affairs Committee; and the committee's ranking member, Senator INOUYE, a noble warrior himself and a Medal of Honor recipient.
The National American Indian Veterans Association is long overdue, and it is desperately needed. Native Americans are the most likely of all Americans to volunteer for military service. But they are the least likely of all veterans to apply for the benefits they have earned. When they do try to claim those benefits, too often, the First Americans find themselves last in line.
Too many Native American veterans go without urgently needed medical care because they can't get appointments or they can't overcome bureaucratic hurdles at the VA or the nearest clinic is too far away. Too many Native American veterans are living in crowded apartments and crumbling houses and trailers, partly because homeownership assistance programs that work for most veterans don't take into account the specific needs of many Indian veterans. Many Native American veterans don't claim the education benefits they have earned. Too many Native American veterans don't get the retirement benefits they deserve. And when they die, too many of their families don't get the survivors' benefits they should.
A Federal charter does not grant the National American Indian Veterans Association any special legal status or favors. It will simply enable Native American veterans from all tribes to speak with one voice to Congress and to the Nation.
The National Commander of the National American Indian Veterans Association is a man I am proud to know. Don Loudner is from Mitchell, SD. He is a member of the Crow Creek Sioux Tribe and a Korean War veteran with 35 years in the Army Reserves. He is also a member of the VA's Advisory Committee on Minority Veterans, a former Commissioner of Indian Affairs for the State of South Dakota, a former superintendent of the Crow Creek Sioux Reservation, and one of the most tireless, articulate advocates for Native American veterans I have ever known.
Congress has chartered many veterans organizations representing specific groups: the American War Mothers, the Blinded Veterans Association, Catholic War Veterans, Italian American War Veterans of the USA, Jewish War Veterans of the USA, the National Association for Black Veterans, Polish Legion of American Veterans.
I believe the guidance and collected wisdom of the National American Indian Veterans Association will enable America to better honor its commitments to Native American veterans and their families. In doing so, it will strengthen Native Americans' long and exceptional tradition of military service to our Nation. And that will make America even safer and stronger.
Five Native American warriors have already given their lives in Iraq. They include three members of the Navajo Nation: Army Private First Class Lori Piestewa, a young Hopi mother and the first Native American woman soldier ever killed in combat; and a young Army Private First Class from the Cheyenne River Sioux Reservation in South Dakota. Sheldon Hawk Eagle was a member of the Army's 101st Airborne Division, the famed "Screaming Eagles," the same unit that parachuted into Normandy on D-Day. He was also a descendant of the legendary Lakota warrior leader, Crazy Horse.
There are many reasons that these young warriors and so many other Native Americans have risked-and given-their lives for this Nation. Clarence Wolf Guts may have said it best. Mr. Wolf Guts is from the Oglala Sioux Tribe and one of the last two surviving Lakota Code Talkers from World War II. Two weeks ago, he testified before the Senate Committee on Indian Affairs about a bill I am sponsoring to honor all Native American Code Talkers, from all tribes. In Clarence Wolf Guts' words, "Indian people love America, and we will do whatever it takes to protect our freedom from all aggressors."
By formally recognizing the National American Indian Veterans Association-America's first and only Native American veterans organization-America will be better able to honor the extraordinary patriotism of these heroes and provide them with the respect and benefits they have earned. I urge my colleagues to join us. Let's pass this bill this year.
I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the bill was ordered to be printed in the RECORD, as follows:
S. 2938
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR NATIONAL AMERICAN
INDIAN VETERANS, INCORPORATED.
(a) IN GENERAL.-Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter:
"CHAPTER 1504-NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED
"Sec.
"150401. Organization.
"150402. Purposes.
"150403. Membership.
"150404. Board of directors.
"150405. Officers.
"150406. Nondiscrimination.
"150407. Powers.
"150408. Exclusive right to name, seals, emblems, and badges.
"150409. Restrictions.
"150410. Duty to maintain tax-exempt status.
"150411. Records and inspection.
"150412. Service of process.
"150413. Liability for acts of officers and agents.
"150414. Failure to comply with requirements.
"150415. Annual report.
"§ 150401. Organization
"The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (in this chapter
referred to as the 'corporation'), is a federally chartered corporation.
"§ 150402. Purposes
"The purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws, and include a
commitment-
"(1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian, Alaska Native, and Native Hawaiian Nations;
"(2) to unite under one body all American Indian, Alaska Native, and Native Hawaiian veterans who served in the Armed Forces of United States;
"(3) to be an advocate on behalf of all American Indian, Alaska Native, and Native Hawaiian veterans without regard to whether they served during times of peace, conflict, or war;
"(4) to promote social welfare (including educational, economic, social, physical, cultural values, and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans;
"(5) to serve as an advocate for the needs of American Indian, Alaska Native, and Native Hawaiian veterans, their families, or survivors in their dealings with all Federal and State government agencies;
"(6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between the American Indian, Alaska Native, and Native Hawaiian veterans and American society; and
"(7) to provide technical assistance to the 12 regional areas without veterans committees or organizations and programs by-
"(A) providing outreach service to those Tribes in need; and
"(B) training and educating Tribal Veterans Service Officers for those Tribes in need.
"§ 150403. Membership
"Subject to section 150406 of this title, eligibility for membership in the corporation, and the rights and privileges of members,
shall be as provided in the constitution and by-laws of the corporation.
"§ 150404. Board of directors
"Subject to section 150406 of this title, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated.
"§ 150405. Officers
"Subject to section 150406 of this title, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated.
"§ 150406. Nondiscrimination
"In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age.
"§ 150407. Powers
"The corporation shall have only those powers granted the corporation through its articles of incorporation and its constitution
and bylaws which shall conform to the laws of the jurisdiction under which the corporation is incorporated.
"§ 150408. Exclusive right to name, seals, emblems, and badges
"(a) IN GENERAL.-The corporation shall have the sole and exclusive right to use the names 'National American Indian Veterans, Incorporated' and 'National American Indian Veterans', and such seals, emblems, and badges as the corporation may lawfully adopt.
"(b) CONSTRUCTION.-Nothing in this section shall be construed to interfere or conflict with established or vested rights.
"§ 150409. Restrictions
"(a) STOCK AND DIVIDENDS.-The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.
"(b) DISTRIBUTION OF INCOME OR ASSETS.-(1) No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of the charter granted by this chapter.
"(2) Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors.
"© LOANS.-The corporation shall not make any loan to any officer, director, member, or employee of the corporation.
"(d) NO FEDERAL ENDORSEMENT.-The corporation shall not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of its activities.
"§ 150410. Duty to maintain tax-exempt status
"The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of
1986.
"§ 150411. Records and inspection
"(a) RECORDS.-The corporation shall keep-
"(1) correct and complete books and records of accounts;
"(2) minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors; and
"(3) at its principal office, a record of the names and addresses of all members having the right to vote.
"(b) INSPECTION.-(1) All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.
"(2) Nothing in this section shall be construed to contravene the laws of the jurisdiction under which the corporation is incorporated or the laws of those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories.
"§ 150412. Service of process
"With respect to service of process, the corporation shall comply with the laws of the jurisdiction under which the corporation is incorporated and those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories.
"§ 150413. Liability for acts of officers and agents
"The corporation shall be liable for the acts of the officers and agents of the corporation when such individuals act within the scope of their authority.
"§ 150414. Failure to comply with requirements
"If the corporation fails to comply with any of the restrictions or provisions of this chapter, including the requirement under
section 150410 of this title to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire.
"§ 150415. Annual report
"(a) IN GENERAL.-The corporation shall report annually to Congress concerning the activities of the corporation during the
preceding fiscal year.
"(b) SUBMITTAL DATE.-Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b) of this title.
"© REPORT NOT PUBLIC DOCUMENT.-No annual report under this section shall be printed as a public document.".
(b) CLERICAL AMENDMENT.-The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by insert after the item relating to chapter 1503 the following new item:
"1504. National American Indian Veterans, Incorporated 150401".